Subsection 3: Seizure in the hands of a third party

On presentation of the summons to pay served on the debtor and on expiry of the period of eight days after its date, provided for in article R. 221-10, the bailiff may seize assets held by a third party on behalf of the debtor. The third party is invited to declare the assets held on behalf of the debtor, including any assets that may have been subject to a previous…

If the third party declares that he does not hold any property belonging to the debtor or if he refuses to reply, a record of this shall be drawn up. This shall be delivered or served on the third party with a prominent indication of the penalty provided for in Article R. 221-21.

If the third party declares that he holds property on behalf of the debtor, the act of seizure shall contain, on pain of nullity : 1° A reference to the title under which the seizure is made; 2° A mention of the name and domicile of the third party; 3° The declaration of the third party and, in very conspicuous characters, the indication that any inaccurate or untruthful declaration exposes…

If the third party is present at the seizure operations, the bailiff shall verbally remind him of the content of the mentions in 3°, 5° and 6° of article R. 221-23. This declaration is mentioned in the deed. A copy of the seizure document bearing the same signatures as the original is immediately given to the debtor. This delivery is equivalent to service.

Where the third party was not present at the seizure, a copy of the document is served on the third party, who is given eight days to inform the bailiff of any previous seizure of the same property and to provide the bailiff with the minutes of the seizure.

On pain of nullity, a copy of the deed is served on the debtor no later than eight days after the seizure. Under penalty of nullity, it is stated that the debtor has a period of one month to proceed with the amicable sale of the seized property under the conditions prescribed in articles R. 221-30 to R. 221-32 which are reproduced.

The third party may refuse custody of the seized assets. They may ask to be relieved of custody at any time. The bailiff appoints a custodian and removes the goods.

Subject to any right of use that the third party may have over the seized property, the execution judge may order, on application, at any time and even before the start of the seizure operations, the handing over of one or more objects to a receiver designated by the judge. If one of the items seized is a land motor vehicle, it may, subject to the same proviso, be immobilised…

If the third party asserts a right of retention on the seized property, he must inform the bailiff of this by registered letter with acknowledgement of receipt, unless he made the declaration at the time of the seizure. Within one month, the seizing creditor may contest the right of retention before the enforcement judge of the place where the third party lives. The property remains unavailable during the proceedings. If…